Sahat Lal Sah @ Shahat Lal Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.74910 of 2018 Arising Out of PS. Case No.-786 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== Sahat Lal Sah @ Shahat Lal Sah Son of Late Anup Lal Sah, Resident of Village- Doriya Sonapur, P.S.-Forbesganj, Dist.-Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramesh Kumar Singh For the Opposite Party/s :
Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-02-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Sections 30(a) and 38(1) of the Bihar Prohibition and Excise Act, 2016.
226 bottles each containing 180 ML of Eskuf Codeine Phosphate and Hydrochloride Syrup is said to have been recovered from the house of the petitioner and as per the account of the petitioner, his son Kishandeo Sah along with Naim, Washique and Dilawar run the business of aforesaid Syrup.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from
Patna High Court Cr.Misc. No.74910 of 2018(3) dt.06-02-2019 2/2 the conscious physical possession of the petitioner. He has no concern with the seized article. He has been falsely implicated in the case. There is utter violation of Section 100 Cr.P.C. Seizure list does not bear the signature of the petitioner. Chargesheet in the case has been submitted. Petitioner has no criminal antecedent. He has been languishing in custody since 15.10.2018.
Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge, Araria in connection with Forbesganj (Simraha) P.S. Case No. 786 of 2018 corresponding to Special Case No. 1273 of 2018.
(Prakash Chandra Jaiswal, J) mantreshwar/- U T